JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for quashing of F.I.R. No.124 dtd. 28/7/2018, under Sec. 420 IPC, registered at Police Station Guruharsahai, District Ferozepur and all the consequential proceedings arising therefrom on the basis of compromise dtd. 31/7/2019 (Annexure P-1) stated to be effected between the parties.

(2.) It has been submitted by the learned counsel for the petitioner that the matter is still at the investigation stage and challan has not been presented in the present case. It is a case of financial dispute between the parties i.e. the petitioner and respondent No.2 and the matter has been settled by way of compromise vide Annexure P-1 and therfore, the present FIR may be quashed based upon aforesaid compromise. He has also submitted that respondent No.2 is also being represented in this Court by Mr.Munish Gulati, Advocate and reply has also been filed by the learned counsel for respsondent No.2 by stating that the matter has been compromised between the parties vide Annexure P-1.

(3.) Mr.C.L.Pawar, learned senior DAG, Punjab, appearing on behalf of respondent No.1 - State has submitted that reply by way of affidavit has been filed in pursuance of the order passed by this Court. While referring to the reply filed by the State, learned State counsel has submitted that allegations contained in the FIR are serious in nature and it is not a fit case for quashing of the FIR based upon compromise. He while referring to the reply has further submitted that FIR is of the year 2018 and thereafter, investigation was conducted by the prosecution and challan under Sec. 173 Cr.P.C. was prepared but the same could not be presented to the Court despite repeated reminders to the petitioner for the purpose of presenting the challan before the Court. Furthermore, the prosecution is not aware with regard to the compromise between the parties. The learned State counsel has further submitted that the State has serious objection to the quashing of the FIR even if based upon compromise in view of the nature and gravity of the offence involved in the present case and therefore, he has opposed the quashing of FIR based upon compromise. Learned State counsel, on instructions, has further pointed out that the petitioner is a serving Constable in Punjab Police in the Deartment of P.A.P.